Legal Question in Wills and Trusts in Florida
My mother has a deed with her name and my sister name on it, she has passed away and in her will it said I devise all my property,real or personal, tangible or intangible, to my children, in equal shares per stirpes.My question is who all on the house?
2 Answers from Attorneys
The answer to your questions is dependent on how the deed was written. If your mother and sister owned the property as joint tenants with right of survivorship, then your sister now owns the entire property.
If the deed simply listed both names or said as tenants in common, then your sister has an undivided 1/2 interest and the estate of your mother has a similar interest. In this case, an estate would have to be filed in order to pass this interest to her children as set forth in her will.
Scott R. Jay, Esq. 305-249-8000
If the deed states that your mother and sister are "joint tenants with right of survivorship", your mother's half of the house passed to your sister. If it does not have that language, then your mother's half of the house would pass under her will in equal shares to her children. In the latter case, it would have to go through a probate process in Florida to put the ownership status on record. That would require the assistance of a Florida attorney to have the original will admitted to probate.